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What can I do if the mother does not want to spend time with our child as per court order

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I have an usual situation and would like to get your help on my options.

My ex and I have a child, who has autism spectrum disorder. One and half year ago, on her initiative, and following careful negotiations between her LegalAid solicitor and me court orders were made largely on consent. The child was to live with me and spend half of the weekends and half of the school holidays with his mother.

Since day 1, she has not been adhering to the court orders by not allowing the child to spend time with her when she should. This amounts to almost half of the time for the around 30% of the total time the child is suppose to spend with her. Recently she stopped seeing the child altogether and is not taking my calls and answering my SMS's. This caused a lot of anxieties in the child and made him even harder to manage.

I work full time and my partner and my parents help with looking after the child.

When the child is under my care, she has not paid a cent of child support. She owns a property, which was largely financed by our matrimonial assets and she still owes me money out of the property settlement. She is financially supporting herself through some cash income so her official income is so low that the CSA assessment says she needs to pay 0 dollar to support the child. Due to the child's special needs, the costs of raising the child are higher than usual, including fees for special school, treatments as well as one to one care all the time.

Your thoughts on what I can do in my situation to help my child would be greatly appreciated?
You can apply for a change of assessment citing your child's special needs as the special circumstance to get C$A to look into her financial situation and see if they can make her contribute more $$$. You would need to itemise the extra costs the disorder incurs for you.

Before you do this you should get FAO/C$A to work out the actual care percentages if court orders are not being followed.

Thanks Fairgo

I wonder whether there is a why to make the mother stick to the court orders. My understanding is that if a parent does not see as much their child as per the court orders the court will actually not enforce the compliance under the Family Law system and the irresponsible behaviour of that parent will not be punished.

On the other hand, the parent, who really cares about their children, may be vastly inconvenienced by the other parent if he/she unpredictably wants to take advantage of the 'spend time' orders. In my case, it is difficult to make care arrangement for the child for 'her' time because I do not know whether she will do it or not. As soon as I do not give the child to her if it is her time I am the one liable of contravention, is it correct?

Is it possible to apply for change of the court orders to reduce her time to a more manageable level?
Well I guess just use the normal procedure. Attempt mediation, and if successful amend the consent orders, an if unsuccessful get your certificate and then file an application to the Family Court for care orders.
WrokingDad said
I wonder whether there is a why to make the mother stick to the court orders. My understanding is that if a parent does not see as much their child as per the court orders the court will actually not enforce the compliance under the Family Law system and the irresponsible behaviour of that parent will not be punished.
Correct and this has been dealt with many times in these forums. The Courts regard the contact as a privilege and not a legal obligation. Most contraventions are caused by a Parent withholding contact which is entirely different. The Courts have no powers to enforce contact.
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